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SUEZ EQUITY INVESTORS v. TORONTO-DOMINION BANK

No. 99-9042.

250 F.3d 87 (2001)

SUEZ EQUITY INVESTORS, L.P. and SEI Associates, Plaintiffs-Appellants, v. The TORONTO-DOMINION BANK, Toronto Dominion (Texas), Inc., Toronto Dominion Capital (USA), Inc., Toronto Dominion Investments, Inc., Toronto Dominion Securities (USA), Inc., Toronto Dominion Holdings (USA), Inc., Philip Deroziere and Eric D. Rindahl, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: May 8, 2001.

Attorney(s) appearing for the Case

WILLIAM F. McCARTHY, Boston, Massachusetts (Michele T. Perillo, D. Ross Martin, Ropes & Gray, Boston, Massachusetts, of counsel), for Plaintiffs-Appellants.

DAVID J. WOLL, New York, New York (Nancy L. Swift, Simpson Thacher & Bartlett, New York, New York, of counsel), for Defendants-Appellees The Toronto-Dominion Bank, Toronto Dominion (Texas), Inc., Toronto Dominion Capital (USA), Inc., Toronto Dominion Investments, Inc., Toronto Dominion Securities (USA), Inc., Toronto Dominion Holdings (USA), Inc., and Eric D. Rindahl.

SUSAN E. BRUNE, New York, New York (Laurie Edelstein, Nina M. Beattie, Brune & Richard LLP, New York, New York, of counsel), for Defendant-Appellee Philip DeRoziere.

Before: WALKER, Chief Judge, CARDAMONE, and MINER, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal arises out of defendants' invitation to plaintiffs to invest in the ill-fated SAM Group, a health-care financing venture. Plaintiffs allege that defendants discouraged them from inquiring into the background of SAM Group's principal, J. Christopher Mallick, and instead provided them with what was purportedly the report of an independent investigator who had performed a background check on Mallick, but was in fact a modified version...

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